W.D.N.C.: Just because something is exculpatory, it isn’t a Franks violation to fail to include it in the affidavit

Just because something is exculpatory, it isn’t a Franks violation to fail to include it in the affidavit for search warrant. Even exculpatory information doesn’t always undermine probable cause. United States v. Awtrey, 2015 U.S. Dist. LEXIS 103284 (W.D.N.C. July 20, 2015):

It is important to consider the policy behind a defendant’s higher burden of proof for omission in a search warrant affidavit. Though an omission in a search warrant affidavit is not immune from inquiry, a “failure to include a matter that might be construed as exculpatory … potentially opens officers to endless conjecture about investigative leads, fragments of information or other matter that might, if included have redounded to defendant’s benefit.” Colkley, 899 F.2d at 297. Agents cannot be expected to include all facts in a search warrant affidavit. If this were the case, then almost all defendants would seek a Franks hearing.